The tree or vegetation should present an imminent threat to safety, not an alleged threat.
Although works to trees covered by DCP14 - Ch 2 - Preservation of Trees and Other Vegetation require Council's formal approval, there are certain operations which are exempt from obtaining consent and for which Council can agree on.
Anyone who proposes to fell a dead, dying or dangerous tree should apply to Council using the Dead/dying or dangerous tree assessment request form. This enables the Council to check the condition of the tree and agree if the works are necessary. The request form is to be accompanied by the following:
- Photos of the vegetation showing the whole tree, bark, leaves and location of the vegetation to establish context on the property.
- Where a Council officer is uncertain as to the health of the vegetation, Council may require an Arborist’s Report from a minimum AQF Level 5 qualified arborist (as specified in Appendix B2.3 of DCP) to accompany the request.
Failure to give the Council notice of the intended works may result in enforcement action being instigated.
A dead/dying, or dangerous tree approval is not development consent for the purposes of any Local Environmental Plan adopted under the terms of the Environmental Planning and Assessment Act 1979.
A dead, dying, dangerous tree approval is merely a declaration from Council confirming that the trees in question are not subject to the protections provided by the Vegetation SEPP and Council’s DCP . The onus remains upon the applicant to obtain any other approvals or development consent that may be required to remove the trees, including but not limited to those required under the National Parks and Wildlife Act 1974, Biodiversity Conservation Act 2016, Local Land Services Act 2013, or any other environmental planning instrument adopted under the terms of the Environmental Planning and Assessment Act 1979.
Note that the removal of dying or dead vegetation that is the habitat of native animals is not exempt from requiring approval.